ADMINISTRATIVE PROCEDURE

Transcription

1 I. PURPOSE: To describe the procedure for the Division of Human Resources to provide options for employees who are unable to safely and effectively perform the essential functions of their positions with or without accommodations, based upon permanent restrictions. II. DEFINITIONS: Essential Functions the basic job duties that an employee must be able to perform, with or without accommodation. Involuntary Termination a decision by PGCPS to terminate the employment of an employee. Permanent Restrictions restrictions which will be in effect for the duration of a person s working life and/or as long as the employee remains permanently disabled. A determination that an employee maintains a permanent restriction may be based upon documents submitted by an employee s health care provider (including, but not limited to, a Sick Leave Bank Grant Form, Extended Leave of Absence Request Form or other such document) or an Independent Medical Examination. Resignation an employee s voluntary decision to cease employment with PGCPS. III. PROCEDURES: A. Elections Conference Where an employee has long term or permanent restrictions which preclude the employee from performing the essential functions of the employee s position with or without accommodations, such employee shall be referred in writing to Employee and Labor Relations. Such referral may be made by any department within Human Resources, Risk Management, Absence Management and/or the Office of General Counsel. 1. Notice: Upon receipt of the referral, Employee and Labor Relations will forward written notice to the employee s home address via Certified Mail and U.S. Mail postage prepaid, advising the employee to appear on a date certain, within fourteen (14) business days, for an Elections Conference. The Notice will advise the employee regarding: (a) the purpose of the Elections Conference is to provide the employee with options 1

2 based upon the employee s inability to perform the essential functions of the employee s position; (b) the right to have Union representation, if applicable, (c) the right to submit medical or other documentation at the Elections Conference; and (d) alternatives available under this administrative procedure and Administrative Procedure, 4172 Request for Accommodations. 2. Process: During the Elections Conference, the employee will be advised that within thirty (30) calendar days from the date of the conference the employee must elect one (1) of the following options: a) Resignation; b) Service or disability (ordinary or accidental) retirement, if eligible; c) Voluntary long-term disability, if eligible; or d) Apply for another position within PGCPS. 3. Resources: During the Elections Conference, the employee will be provided the following resources: a) Employee Rights and Responsibilities under FMLA; b) Maryland State Pension and Retirement System Information; c) PGCPS Resignation Form; d) This administrative procedure and Administrative Procedures 4172; and e) Employee Assistance Program Brochure. 4. Submission of Documents: During the Elections Conference, an employee may present medical documentation or other information, including any Request for Accommodation, which the employee believes is relevant to establish that the employee is able to perform the essential functions of the employee s job, with or without accommodation. If the tendered documentation adequately establishes that the employee is able to perform the essential functions of the employee s position, with or without accommodation, the Elections Conference will be cancelled and the employee will be immediately returned to work. At the discretion of Employee and Labor Relations, the Elections Conference may be postponed for no more than ten (10) days to evaluate any 2

3 medical documentation, Request for Accommodation, or other information presented by the employee. 5. Failure to Appear or Elect: If an employee fails to appear for an Elections Conference or fails to make the required election within the requisite time period, the Director of Employee and Labor Relations shall take the appropriate steps to involuntarily terminate the employee s employment. 6. Retirement: If an employee elects to submit an application for service or disability retirement, the employee must meet with a PGCPS Retirement Coordinator/Absence Management Clerk and submit all necessary documents to the Maryland State Pension and Retirement System within thirty (30) calendar days from the date of the Elections Conference. After submission of the appropriate retirement documents, Absence Management will place the employee on a leave of absence and will indicate the employee s status as phase retirement. Thereafter, the Retirement Coordinator will monitor the employee s retirement application. If accepted, the employee will be deemed retired as of the employee s retirement effective date. The Retirement Coordinator will provide Employee and Labor Relations with notice of such retirement and Employee and Labor Relations will then close the Elections Conference file. If the employee s retirement application is denied, the Retirement Coordinator will provide written notice to Employee and Labor Relations and the employee. Such notice shall advise the employee that the employee s application for retirement was denied and shall provide the employee ten (10) calendar days from the date of the notice to select another option stated in paragraph IV(A)(2) herein. 7. Long Term Disability: If an employee elects to apply for long term disability, the required application and supporting documentation, if any, must be submitted prior to the expiration of the thirty (30) calendar day election time period. The Elections Conference will be held open pending decision by the long term disability carrier. If approved, the Elections Conference file will be closed as of the approval date. If denied, the Benefits Office will provide written notice to Employee and Labor Relations and the employee. Such notice shall advise the employee that the employee s application for Long Term Disability was denied and shall provide the employee ten (10) calendar days from the date of the notice to select another option stated in paragraph IV(A)(2) herein. 3

4 8. Application for PGCPS Position: If an employee elects to apply for another PGCPS position, the employee must submit a complete application for an available PGCPS position within thirty (30) calendar days from the date of the Elections Conference. The employee must provide Employee and Labor Relations with the IRC number(s), position title and application date for the positions for which the employee has applied prior to the expiration of the thirty (30) calendar day election time period. The employee s Elections Conference file will remain open until such time as the relevant positions are filled or upon a determination of the employee s non-selection or ineligibility. B. Earned Leave If the employee is not selected for any of the positions for which they applied, the employee shall be advised that the employee has ten (10) calendar days from the date of the notice to select another option stated in paragraph IV(A)(2) herein. Otherwise, the Director of Employee and Labor Relations shall take the appropriate steps to involuntarily terminate the Employee s employment. 1. If an employee has earned leave, the employee may elect to utilize earned leave during the pendency of the Elections process. If the employee does not have earned leave, the employee will be placed in an unpaid leave status. 2. After an Elections Conference Notice has been issued, an employee is no longer eligible to apply for or receive a sick leave bank grant. C. Worker s Compensation Where an employee has sustained an injury for which a claim has been filed with and accepted by the Maryland Workers Compensation Commission, such employee may be eligible to participate in the Transition to Work Program. Upon reaching maximum medical improvement, as determined by either the employee s health care provider or an Independent Medical Examination: 1. The employee is no longer eligible to participate in the TTW program and must return to work immediately; or 2. If the employee is unable to return to work due to permanent restrictions, the employee will be referred to Employee and Labor Relations for an Elections Conference as outlined above. 4

5 IV. RELATED PROCEDURES: Administrative Procedure , Workers Compensation and Disability Leave; Administrative Procedure 4172, Request for Reasonable Accommodation. V. MAINTENANCE AND UPDATE OF THESE PROCEDURES: This Administrative Procedure originates from the Employee and Labor Relations Office and will be updated as necessary. VI. CANCELLATIONS AND SUPERSEDES: None. This is a new Administrative Procedure. VII. EFFECTIVE DATE: 5